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Clifford L. Tuttle Jr.
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Clifford Tuttle’s Answers

747 total


  • My driveway is on a right of way. The right to use the property is in my deed. Whzt are my rights if the property is sold?

    50 ft right of way adjoining our property

    Clifford’s Answer

    You don't say what kind of right of way it is. You need to take all of the documents you have to a lawyer who practices in this area of the law.

    Clifford L Tuttle, Jr
    Attorney at Law
    Pittsburgh, PA

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  • Can a tenant in PA with no lease be sued for rent when house being rented was not up to code and had no smoke detectors?

    Tenant has left the house. Since leaving the house, landlord has filed a landlord tenant complaint exaggerating the amount due and has a criminal theft complaint because tenant took her washer and dryer. Is there any defense for this?

    Clifford’s Answer

    It is the landlord's responsibility to maintain the premises under applicable regulations. You need to organize your evidence. Is there proof of ownership of the washer and dryer? Proof of payment of rent?

    Clifford L Tuttle, Jr
    Attorney at Law
    Pittsburgh Pa

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  • My boyfriend moved to a mobile home with out a lease just verbal arrangement now has criminal trespass charge felony

    can he beat this the agreement was if he did all the repairs he redid all the plumbing he was on probation for traffic violation and was arrested what should he do?

    Clifford’s Answer

    Hire a lawyer. He should be able to prove he was there initially by consent through witnesses and documentary evidence of repairs. Also, was any rent ever paid?

    Clifford L Tuttle, Jr
    Attorney
    Pittsburgh Pa

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  • Magistrate granted me procession of the house the the lady appealed it to county court how do I get a date to see the judge

    do I file a motion ?

    Clifford’s Answer

    Unfortunately, the Magistrate's decision wiped out by the appeal. Under the Rules, you have 20 days to file a Complaint in the Arbitration Division of Common Pleas Court. Although you do not need a lawyer to do this, it appears to me that you may need help, since you are unfamiliar with the process.

    Clifford L. Tuttle, Jr.
    Attorney at Law
    Pittsburgh, PA

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  • Landlord to sue property manager?

    I am not sure if I have a case and what to assign as the monetary value for the entirety of pain the property manager has caused me but I am in need of recommendations of further action or backing off. I hired a property manager and almost immedia...

    Clifford’s Answer

    Ordinarily, you can fire an employee for any reason or no reason. However, since you have a written contract, it would be a good idea to have the contract reviewed by an attorney with experience in this field. If the contract specifies the duties of the manager, it is quite possible that the manager has breached the contract. Since the contract may contain provisions about termination of the contract, attention should be paid to the language.

    Clifford L. Tuttle, Jr.
    Attorney at Law

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  • I'm late on rent and my landlord changed my locks with no warning or notice

    I had the only key so he broke into my home closed all of the windows and changed the locks. I have life sustaining medication in my home that I have not been able to take for 4 days now. Also my cat is locked up in there with no food or water and...

    Clifford’s Answer

    Get a locksmith and break in. Your landlord has no right to lock you out without proceeding under the landlord and tenant act.

    Clifford L Tuttle, Jr
    Attorney at Law
    Pittsburgh, PA

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  • How to evict

    No lease no rent paid in home for several years.

    Clifford’s Answer

    Leave a notice on the door demanding that the premises be vacated in 15 days.
    Go to the Magisterial District Judge in the jurisdiction where the house is located (you can look it up on the internet and call first if you are uncertain of the district).
    Fill out a Landlord-Tenant complaint and pay the fee for filing and service. Be prepared to pay between $150 and $200. The fee will depend upon the amount claimed and the number of defendants.
    Go to the hearing prepared to explain your claim as succinctly as possible.
    If you get an award, wait ten days after the award.
    If the tenant does not appeal to arbitration, go back to the MDJ and fill out paperwork and pay a fee to get a writ of possession. It should cost under $150.00.
    Be prepared to change the locks when the constable comes to evict. The eviction will be scheduled 10 days after service of the writ.

    These are the basics. There are plenty of issues that can arise. If this happens, you may need a lawyer at the second level.

    Clifford L. Tuttle, Jr.
    Attorney at Law
    Pittsburgh, PA

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  • What type of proof is used in adverse possession verification in the state of Pennsylvania?

    I have owned a property for 15 years with a property wall with an adjacent neighbor. Now the neighbor is claiming that the wall is encroaching three feet too deep into his yard and wants to knock the wall down and readjust it. I don't have picture...

    Clifford’s Answer

    How does the neighbor know? Recent survey or older survey? Ask for a copy. You might want to hire your own surveyor to check for accuracy.

    Did you get a survey when you bought the property? Call theatsurveyor. He may have an earlier survey in his files. Does your municipality require a building permit? If so, look it up.

    Look at the deed description for your deed and your neighbor's deed. Does either description call for a wall on that side?

    Clifford L. Tuttle, Jr.
    Attorney at Law
    Pittsburgh, PA

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  • My home was sold at sheriffs sale in Philadelphia Pa , I have a 9 month Redemption , Can I still sell my home .

    Sheriffs Sale Was On 12/22/2012

    Clifford’s Answer

    Perhaps. But it will be very hard for you to do anything without actually redeeming the property. You might be able to assign your right of redemption, but you will take a deep discount to do it. You need a lawyer experienced in this field. There are not that many of them. You will have to search carefully.

    Clifford L Tuttle, Jr.
    Attorney-at-law
    Pittsburgh PA

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  • Do have to be paying taxes on the land before i can take adverse possession in pa

    I bought a house in 2001 now my neighbor are trying to take a piece of my land.

    Clifford’s Answer

    You need to find a lawyer who is experienced in this field. You didn't say whether your neighbor has filed suit or done anything to assert a claim. In fact, it may be necessary for you to file suit in order to defend your claim.

    Clifford L Tuttle Jr.
    Attorney-at-law
    Pittsburgh PA

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